Segu Mohamed Nasarullah vs Officer-in-Charge, Police Station, Wellawaya – CA PHC APN 73/01-2012

In the case between Segu Mohamed Nasarullah (substituted by Nasarulla Akberiya) and the Officer-in-Charge, Police Station, Wellawaya, the court addressed the issue of the lawfulness of confiscating a vehicle used in committing an offence under Section 11(1) and (2) of the Cruelty to Animals Act. It was held that the Act does not provide any legal basis for the confiscation of vehicles involved in such offences. The principle reaffirmed in this decision is that confiscation must be explicitly authorized by statute, and the absence of such provision precludes such orders. Reliance was placed on the statutory interpretation of the Cruelty to Animals Act, with the determination that legislative clarity is required for forfeiture powers. The impact of this decision ensures that property cannot